United States Court of Appeals,
Eleventh Circuit.
No. 93-8443
Non-Argument Calendar.
Sandra BLACKFORD, Plaintiff-Appellee,
v.
WAL-MART STORES, INC., Defendant-Appellant.
March 21, 1995.
Appeal from the United States District Court for the Southern
District of Georgia (No. 92-CV-142); B. Avant Edenfield, Chief
Judge.
Before KRAVITCH and BIRCH, Circuit Judges, and GODBOLD, Senior
Circuit Judge.
PER CURIAM:
In Blackford v. Wal-Mart Stores Inc., 17 F.3d 367 (11th
Cir.1994), we certified to the Supreme Court of Georgia the
following question:
In a suit alleging malicious prosecution of a criminal
bad check charge that was dismissed by the court without
trial, is evidence admissible that tends to prove plaintiff's
guilt in fact of the offense and, if so proved, is guilt a bar
to the malicious prosecution suit?
The Supreme Court of Georgia has answered the question as
follows:
In a suit alleging malicious prosecution that was
dismissed by the court without trial, evidence of guilt in
fact of the accused is admissible as a defense to the damage
element of the tort and, if so proved, is a bar to recovery.
Wal-Mart Stores, Inc. v. Blackford, 264 Ga. 612, 449 S.E.2d 293
(1994).
Accordingly, the judgment of the district court in favor of
plaintiff is REVERSED and the cause is REMANDED.